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People have a tendency to conflate "interstate" and "commerce." It might be very difficult to disentangle what is necessary and proper to regulate activity between the states and what isn't necessary (esepecially as the economy has become more integrated over time), but it should be fairly straighforward to figure out what is commerce and what isn't. If it isn't commerce, the law should not apply in that case. That could be a sort of affirmative defense.
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That's almost exactly what Scalia's argument would sound like if he did not base it on the Wickard case, and if Wickard went away. But he did, and it won't.